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I got a summons in the mail 1 of the lawyers told me to call the law office that and try to work it out .they told me I had to

Flat Rock, MI |
Filed under: Litigation

come to an agreement on payment the lawyer told me we had to wait for the papers from the judge I have just received default request entry in judgement (sum certain) what does this meanit looks like I have 21 days 2 do a motion to set aside and how would I do that and where do you get the paperwork thank you so much for your time

Attorney Answers 4


  1. Someone obviously is cliaming you owe them money for damages as a result of some act or ommission. They served you with the complaint either in person or by substituted service and you failed to respond in time. In order to avoid collection and if you feel you do not owe the debt or judgment, you will need to hire a lawyer to file a motion to set aside the default and defend the action. You can try and do it yourself but I do not recommend you do so. You can likely find a form or a sample motion on line, you will need to have a good faith basis as to why you did not respond to the complaint, and this will have to be set forth in a declaration? Such as you never were served, you were in the military overseas or on deployment, etc. I would also highly recommend you have an answer or, if appropriate a demurrer ready to file in response to the complaint?

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


  2. I think Constantine hit it on the head. Good luck.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.


  3. There likely isnt a standard form for filing a motion to set aside the default. You need to hire an atty or at least pay to consult with one who can help you prepare the motion. If you have no defense to the lawsuit and it is valid, you may want to consider working something out with the other side for payments.


  4. I agree with the previous comments that a) this appears to be a collection action and b) if you dispute that you owe the money, action needs to be taken quickly. Where I think there is some slight difference is the issue of an answer. Based on your description that you have already received a default entry request for a sum certain, it appears that the time for an answer has already passed. You should have received a summons and complaint in the mail indicating the claims being made against you. If you did not receive those documents and you dispute the amount claimed, I suggest you consult with a lawyer very soon. If you wanted to dispute the claims, an answer should have been filed shortly after you received the summons and complaint. Now that a judgment has been entered, you will need to show grounds for why the default judgment was not propertly entered.

    This answer is intended to be for general information in regard to the subject matter only. The posting of this response does not create an attorney-client relationship Matthew D. Budds or Robison, Curphey & O'Connell, LLC. This response should not be utilized as a substitute for professional service in the specific situation. For legal advice or professional assistance in the matter, please consult with a licensed attorney in the appropriate jurisdiction.

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